RESIDENT MAGISTRATE’S COURT.

New Zealand Times, Volume XXIX, Issue 4130, 16 June 1874, Page 3

RESIDENT MAGISTRATE’S COURT.

Monday, June 15. (Before J. 0. Crawford, Esq., E.M.) Drunk.—Three drunkards were fined in small amounts. Assault,—John O’Sullivan was charged with assaulting Mary Holmes on the llth instant, at Kuiwarra. Mr. Buckley appeared for the prisoner, Mr. Allan for the complainant. The complainant stated that between one and two o'clock on Thursday morning, the prisoner came to her house, where ho resided as a boarder, very drunk, and went to sleep. Between four and five o'clock he burst the door of her bedroom open and called her names. When witness got up prisoner seized her by the hair of her head, and pulled her into the kitchen. He beat her severely about the face and head and knocked her down. After knocking her down he took her by the throat and tried to strangle her, when she cried out “murder.” Shortly after she managed to get away from the prisoner, and obtained the services of two men who protected her. On Friday he went about saying he would take her life, and she had to seek the protection of the neighbors. At the time of the assault he was not so drunk as not to know what lie was about By Mr. Buckley : Prisoner lodged with witness from August to April, but they did not cohabit. Witness wrote him a letter to Mastorton, asking him to come back, but the letter was not a particularly affectionate one. He wrote a letter in return, and enclosed his likeness. They were very friendly. He wanted witness to live with him up the country, but they had never lived together. p- lu wJtnoaa 17 S . f or board money. These being the main features of the evidence, ids Worship fined the prisoner (ids., and bound him over to keep the peace for three mouths in the sum of £2O, and one surety in a like amount.

Larceny.—John Underwood, late steward of the Luna, was charged with stealing one shirt, a pair of sleeve links, and a pencil case. Mr. Buckley appeared for the prisoner. The evidence in the case showed that the prisoner had borne such a good character, that when he left the vosael, Captain Fairchild made him presents to the value of ,£lO, but, notwithstanding this, the constant disappearance of articles from the cabin during the time the prisoner was there could not be explained. Upon inquiry, after the prisoner left, it was discovered that tlie modus operandi was this: When a passenger came on board lie was relieved of such trifles as he might leave lying about, and when leaving the vessel if he gave the steward a liberal douceur the missing articles turned up in a surprisingly mysterious and sudden manner, but, failing this substantial recognition, the passenger was allowed to depart without his property. The second steward, who gave this interesting history of affairs on board the Luna, admitted that he had been a poacher in Scotland, which he considered such a harmless offence that he would have no hesitation whatever about talcing to it again cither here or anywhere else if he thought fit to do so. The prisoner acknowledged to having possession of the pencil case, but stated that he was only waiting for a favorable opportunity to give it to Major Heaphy, to whom it belonged, Mr. Buckley contended that no felonious intent had been proved, neither had the prosecution proved the value or ownership of the goods. He called a witness named Moody, in whose employ the prisoner had been since lie loft tile Luna, and who testified to the fact that ho had been endeavoring to find Major Heaphy to give him the pencil case. This view of the matter contrasted unfavorably with the statement of Captain Fairchild, who stated that he had asked the prisoner about tlie pencil-case the day before he left the Luna, and lie then said lie knew nothing about it. His Worship said lie felt hound to look at the case as a jury would look at it, and he would therefore give the prisoner tlie benefit of the doubt, although he must caution tlie prisoner that he had been sailing rather too close to tlie wind to be safe. The case was dismissed.